[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Page 37378-37379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Food Safety and Inspection Service

[Docket No. 2010-0011]

Exemption for Retail Store Operations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of adjusted dollar limitations.


SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the dollar limitations on the amount of meat and meat food products, 
poultry and poultry products that a retail store can sell to hotels, 
restaurants, and similar institutions without disqualifying itself for 
exemption from Federal inspection requirements. In accordance with 
FSIS's regulations, for calendar year 2010, the dollar limitation for 
meat and meat food products remains at $60,200 but for poultry products 
is being increased from $49,400 to $50,200. FSIS is retaining or 
changing the dollar limitations from calendar year 2009 based on price 
changes for these products evidenced by the Consumer Price Index.

DATES: Effective Date: This notice is effective June 29, 2010.

Issuances Division, Office of Policy and Program Development, FSIS, 
U.S. Department of Agriculture, Room 6083 South Building, 1400 
Independence Avenue, SW., Washington, DC 20250-3700; telephone (202) 



    The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the 
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) provide a 
comprehensive statutory framework to ensure that meat, meat food 
products, poultry, and poultry products prepared for commerce are 
wholesome, are not adulterated, and are properly labeled and packaged. 
Statutory provisions requiring inspection of the preparation or 
processing of meat, meat food, poultry, and poultry products do not 
apply to the types of operations traditionally and usually conducted at 
retail stores and

[[Page 37379]]

restaurants when those operations are conducted at any retail store or 
restaurant or similar retail-type establishment for sale in normal 
retail quantities (21 U.S.C. 661(c)(2) and 454(c)(2)). FSIS's 
regulations (9 CFR 303.1(d) and 381.10(d)) elaborate on the conditions 
under which requirements for inspection do not apply to retail 
operations involving the preparation or processing of meat, meat food, 
poultry, and poultry products.

Sales to Hotels, Restaurants, and Similar Institutions

    Under these regulations, sales to hotels, restaurants, and similar 
institutions (other than household consumers) disqualify a store for 
exemption if the product sales exceed either of two maximum limits: 25 
percent of the dollar value of total product sales or the calendar year 
dollar limitation set by the Administrator. The dollar limitation is 
adjusted automatically during the first quarter of the year if the 
Consumer Price Index (CPI), published by the Bureau of Labor 
Statistics, shows an increase or decrease of more than $500 in the 
price of the same volume of product for the previous year. FSIS 
publishes a notice of the adjusted dollar limitations in the Federal 
Register. (See 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b)).
    The CPI for 2009 reveals an annual average price decrease for meat 
and meat food products at 0.6 percent and an annual average price 
increase for poultry products at 1.7 percent. When rounded to the 
nearest $100, the price for meat and meat food products decreased by 
$400 and the price for poultry products increased by $800. Because the 
price of meat and meat food products did not decrease by more than 
$500, and because the price of poultry products increased by more than 
$500, FSIS is retaining the dollar limitation on sales to hotels, 
restaurants, and similar institutions at $60,200 for meat and meat food 
products and is increasing it to $49,400 for poultry products for 
calendar year 2010, in accordance with 9 CFR 303.1(d)(2)(iii)(b) and 
381.10 (d)(2)(iii)(b).

USDA Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination 
in all its programs and activities on the basis of race, color, 
national origin, gender, religion, age, disability, political beliefs, 
sexual orientation, and marital or family status. (Not all prohibited 
bases apply to all programs.) Persons with disabilities who require 
alternative means for communication of program information (Braille, 
large print, audiotape, etc.) should contact USDA's Target Center at 
202-720-2600 (voice and TTY).
    To file a written complaint of discrimination, write USDA, Office 
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, 
SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY). 
USDA is an equal opportunity provider and employer.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to ensure that the 
public and in particular minorities, women, and persons with 
disabilities, are aware of this notice, FSIS will announce it on-line 
through the FSIS Web page located at http://www.fsis.usda.gov/
    FSIS also will make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, and other types of information 
that could affect or would be of interest to our constituents and 
stakeholders. The Update is communicated via Listserv, a free e-mail 
subscription service consisting of industry, trade, and farm groups, 
consumer interest groups, allied health professionals, scientific 
professionals, and other individuals who have requested to be included. 
The Update also is available on the FSIS Web page. Through Listserv and 
the Web page, FSIS is able to provide information to a much broader, 
more diverse audience.
    In addition, FSIS offers an e-mail subscription service which 
provides automatic and customized access to selected food safety news 
and information. This service is available at http://www.fsis.usda.gov/
news_&_events/email_subscription/. Options range from recalls to 
export information to regulations, directives and notices. Customers 
can add or delete subscriptions themselves, and have the option to 
password protect their accounts.

    Done at Washington, DC, on June 23, 2010.
Alfred V. Almanza,
[FR Doc. 2010-15742 Filed 6-28-10; 8:45 am]